TC Minutes 06-28-19830 0
MINUTES OF THE REGULAR
AVON TOWN COUNCIL MEETING
JUNE 28, 1983 - 7:30 P.M.
The regular meeting of the Town Council of the Town of Avon,
Colorado was held in the Municipal Building, 400 Benchmark Road,
Avon, Colorado in the Council Chambers.
The meeting was called to order by Mayor Allan Nottingham at 7:40
p.m. A roll call was taken with Larry Kumpost, Sheila Davis, Greg
Gage, A.J. Wells, Al Connell and Don Buick present. Also present
were: Town Attorney John Dunn, Town Manager Richard D. Blodgett,
Finance Director Bill James, Director of Public Works Norm Wood,
Planning Director Dick Kvach, Building Administrator Dick Evans,
Superintendent of Public Works Dan Sunday as well as members of the
press and public.
The Mayor called for Citizen Input.
Be it noted that Mr. Dave Campbell, District Traffic Engineer was
cancelled from the agenda. Mr. Campbell requested he be rescheduled
and be placed on the July 12, 1983 agenda.
Reverend Hal Holman approached the Council. He is the minister for
the Presbyterian Church and also the President of the Avon Religious
Foundation, Inc. He stated that there have been some comments on
the use of a proposed Interfaith Chapel in Avon. He discussed the
need for a Chapel in Avon and provided the Council with a calendar
of scheduled events for the month of May. He stated this structure
would not only be used for Sunday services, but would be utilized
everyday of the week. Rev. Holman stated that non-scheduled events
would increase the building use buy at least 755. He stated they
have looked at property that would have been adequate but the cost
amount was around $775,000 and that amount was far more than all of
the churches put together could pay for the land, to say nothing of
the building.
He stated that he had a conversation with the Town Attorney about a
long term lease with the Town.
Councilman Wells stated that the Council had discussions about the
Town needing a Community Center and that possibly the construction
of the Community Center could be an all purpose building for an
Inter-Faith Church as well as other community activities.
After discussion it was suggested that Rev. Holman meet with the Town
Planner Dick Kvach to discuss a location for a church.
The Mayor thanked Rev. Holman for coming.
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Pat Cuny, resident of Avon and also a spokesperson for Buck Creek
Association, approached the Council. She was concerned about the
two lots that have been excavated for proposed buildings. Also, a
dirt parking lot at the corner of Avon Road and Beaver Creek
Boulevard. She stated she thought they were not only unsightly,
but potentially dangerous. She felt if the Town Staff was
requesting that all property owners clean up their yards for
beautification, then it should apply to the two developers in Avon.
After discussion the Mayor thanked Mrs. Cuny and stated that her
concerns were the same concerns that the Town has and that it would
be taken under advisement. Mayor asked that this matter be placed
on a work session in the near future. There being no further
citizen input, the Mayor closed the discussion.
Next on the agenda was the first reading of Ordinance No.#83-29,
Series of 1983, AN ORDINANCE DESIGNATED BY THE SHORT TITLE 111983
GENERAL OBLIGATION BOND ORDINANCE; "RATIFYING ACTION HERETOFORE
TAKEN; DECLARING THE NECESSITY OF MAKING VARIOUS PUBLIC IMPROVEMENTS
IN THE TOWN; AUTHORIZING THE ISSUANCE OF THE TOWN OF AVON, COLORADO
GENERAL OBLIGATION VARIOUS IMPROVEMENTS BONDS, SERIES AUGUST 1983,
IN THE AGGREGATE PRINICIPAL AMOUNT OF $500,000; PROVIDING FOR THE
TOWN COUNCIL OF THE TOWN OF AVON TO LEVY GENERAL (AD VALOREM) TAXES
TO PAY THE PRINCIPAL AND INTEREST OF THE BONDS; PROVIDING OTHER
DETAILS CONCERNING THE BONDS, THEIR SALE AT A NEGOTIATED SALE AND
THE VARIOUS PUBLIC IMPROVEMENTS PROJECTS; RATIFYING, APPROVING AND
CONFIRMING ACTION HERETOFORE TAKEN AND PERTAINING THERETO; AND
PRESCRIBING DETAILS IN CONNECTION WITH SUCH MATTERS.
The Mayor opened the meeting for public hearing. He stated that
public hearings are normally for second reading, but-the Council felt
there should be public input on this Ordinance. He stated that
basically the bonds are for the beautification for the Town of Avon,
and the amount of the bonds being $500,000. There being no public
comments the Mayor closed the public hearing.
Linda Clark of Boettcher and Company approached the Council. She
presented the Council with a copy of the interest rates for the
bonds which was a standard contract. Ms. Clark presented the
Council with a check in the amount of $10,000 as evidence of good
faith. She stated the Boettcher offered to buy the bonds at a 3.
discount. The net effective interest rates which includes the
rated average of the interest rate on the bonds plus the 3%
discount would be 10.5627%. At that point the Town Attorney read
the pre-prepared minutes drafted by Bond Counsel. Councilmember
Sheila Davis moved approval that the proposal of Boettcher be
accepted. The motion was seconded by A.J. Wells and was
unanimously carried. Councilmember Sheila Davis moved to introduce
the resolution determining the necessity of the issuance of the
bonds. The Town Attorney read Resolution No.#83-27, Series 1983 by
title, A RESOLUTION DESIGNATED BY THE SHORT TITLE "1983 GENERAL
OBLIGATION BOND SALE RESOLUTION;" AWARDING THE SALE OF THE TOWN OF
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OBLIGATION BOND SALE RESOLUTION;" AWARDING THE SALE OF THE TOWN OF
AVON, COLORADO, GENERAL OBLIGATION VARIOUS IMPROVEMENTS BONDS,
SERIES AUGUST 15, 1983, IN THE AGGREGATE PRINCIPAL AMOUNT OF
$500,000 TO BOETTCHER & COMPANY OF DENVER, COLORADO. Councilmember
Sheila Davis moved approval to adopt Resolution No.#83-27, Series
of 1983. The motion was seconded by Larry Kumpost. Those Council
members voting aye were: Larry Kumpost, Sheila Davis, Greg Gage,
A.J. Wells, Al Connell and Don Buick. There were no nay votes.
The motion was unanimously carried. Councilmember Larry Kumpost
introduced Ordinance No.#83-29, Series of 1983 authorizing the
bonds. The Town Attorney read the Ordinance by title, AN ORDINANCE
DESIGNATED BY THE SHORT TITLE "1983 GENERAL OBLIGATION BOND
ORDINANCE. He then summarized the contents of the ordinance. On
page 9 (C) Restoration of historic log cabin, the 3rd and 4th line,
delete "restored to provide restrooms and a concession area" page
9 (E) Other Improvements, 2nd and 3rd line, delete "in and around
the 46 acre Nottingham Park" add, "within the town," after "such
as" add "a public restroom facility, signs." The Mayor stated
that the Ordinance was posted on June 21, 1983. The Mayor opened
the meeting for public comments. There being none, Councilmember
Larry Kumpost moved approval to adopt Ordinance No.#83-29, Series
of 1983 on first reading. The motion was seconded by Greg Gage.
Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis,
Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay
votes. The motion was unanimously carried. Councilmember Wells
moved that the ordinance be published by title and summary in the
Vail Trail July 1, 1983. The motion was seconded by Don Buick.
Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis,
Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay
votes. The motion was unanimously carried. This ordinance will be
published and posted and a public hearing was set for July 12, 1983
at 7:30 p.m.
First reading of Ordinance No.#83-27, Series of 1983, AN ORDINANCE
REGULATING BUSINESSES WITHIN THE TOWN OF AVON BY REQUIRING
REGISTRATION OF BUSINESSES; AND EMPLOYEES THEREOF REPEALING CHAPTER
5.04 OF THE AVON MUNICIPAL CODE; AND PROVIDING PENALTIES FOR THE
VIOLATION THEREOF. The Mayor called for discussion. In the title
change "resgistration" to "registration," eliminate "and the
employees thereof." In Section 3 add a sentence to read, "Refusal
to comply with the requirements of this section shall be deemed a
violation of this ordinance." There being no further discussion the
Mayor offered the ordinance for first reading as amended. Don Buick
moved approval of Ordinance N0.#83-27, Series 1983 on first reading
with the modifications. The motion was seconded by Al Connell.
Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis,
Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay
votes. The motion was unanimously carried.
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First reading of Ordinance No.#83-30, series of 1983, AN ORDINANCE
CONCERNED WITH DEFINING NUISANCE RELATED TO THE ACCUMULATION OF
WEEDS AND PROVIDING A PENALTY FOR MAINTAINING SUCH A NUISANCE. The
Town Attorney stated that this ordinance will become a part of a
general nuisance ordinance which provides a general method of
abatement of all nuisances which is applicable to weeds as well as
the other nuisances described. Councilman Wells had a concern of
how weeds were defined. Discussion followed. In section 8.24.045
(A) it was suggested to change "natural vegetation on undistrubed
ground" to "natural grasses and shrubbery on undistrubed land."
There being no further discussion Don Buick moved approval of
Ordinance No.#83-30, Series of 1983 as amended. The motion was
seconded by Al Connell. Further discussion followed. Clint
Watkins, resident, asked why it was limited to just the valley
floor and not to Wildridge and Wildwood. He felt it should apply
to all Subdivisions. Councilwoman Davis stated that you couldn't
ask all the property owners in Wildridge to cut their natural
grasses, because most of it is natural grasses. She felt that the
valley floor was where all the problems were. The council discussed
defining noxious weeds. After lengthy discussion Larry Kumpost
moved to table Ordinance No.#83-30 and send it back to staff for
clarification of what weeds are. The motion was seconded by Sheila
Davis. The Mayor called for a vote for tabling Ordinance
No.#83-30. Those Councilmembers voting aye were: Larry Kumpost,
Greg Gage. Those Councilmembers voting nay were Don Buick, A.J.
Wells, Al Connell and Sheila Davis. The motion to table Ordinance
No.#83-30 was defeated by a 4-2 vote. Further discussion followed.
A.J. Wells moved approval of Ordinance No.#83-30, Series of 1983 on
first reading with the following amendments, strike the word
"vegetation" and replace it with "grasses and shrubbery," insert a
comma after "Wildridge," strike "or," insert after Subdivisions
"or Forest Service lands." The motion was seconded by Don Buick
on the amendments and was unanimously carried. The Mayor called for
a roll call vote on the main motion. Those Councilmembers voting
aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al
Connell and Don Buick. There were no nay votes. The motion was
unanimously carried. It was agreed by Council that staff should
research a list of noxious weeds.
First reading of Ordinance No.#83-31, Series of 1983, AN ORDINANCE
CONCERNED WITH AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON AS
IT RELATES TO THE MEMBERSHIP OF THE PLANNING AND ZONING COMMISSION.
Don Buick moved approval of Ordinance No.#83-31, Series of 1983 on
first reading. The motion was seconded by Greg Gage. The Mayor
called for discussion. There being no discussion the Mayor called
for a roll call. Those Councilmembers voting aye were: Larry,
Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and Don
Buick. There were no nay votes. The motion was unanimously carried
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Second reading of Ordinance No.#83-25, Series of 1983, AN ORDINANCE
AMENDING CHAPTER 3.12 OF THE AVON MUNICIPAL CODE, PERTAINING TO REAL
PROPERTY TRANSFER TAX, TO PROVIDE FOR INVESTIGATION OF RECORDS,
ISSUANCE OF SUBPEONAS AND ENFORCEMENT OF SAME AND DECLARING CERTAIN
INFORMATION TO BE CONFIDENTIAL.
The Mayor opened the meeting for public hearing. There being no one
wishing to be heard the Mayor closed the public hearing.
Sheila Davis moved approval of Ordinance No.#83-25, Series of 1983
on second reading. The motion was seconded by Al Connell. The
Mayor called for discussion, there being none those Councilmembers
voting aye were: Larry Kumpost, Sheila Davis, Greg,Gage, A.J.
Wells, Al Connell and Don Buick. There were no nay votes. The
motion was unanimously carried.
Second reading of Ordinance No.#83-26, Series of 1983, AN ORDINANCE
AMENDING CHAPTER 3.28 OF THE AVON MUNICIPAL CODE, PERTAINING TO THE
PUBLIC ACCOMMODATIONS TAX, TO PROVIDE FOR INVESTIGATION OF RECORDS,
ISSUANCE OF SUBPOENAS AND ENFORCEMENT OF SAME AND DECLARING CERTAIN
INFORMATION TO BE CONFIDENTIAL.
The Mayor opened the meeting for public hearing. There being no one
wishing to be heard the Mayor closed the meeting for public hearing.
Larry Kumpost moved approval of Ordinance No.#83-26, Series of 1983
on second reading. The motion was seconded by Don Buick. Those
Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg
Gage, A.J. Wells, Al Connell and Don Buick. There were no nay
votes. The motion was unanimously carried.
Second reading of Ordinance No.#83-28, Series of 1983, AN ORDINANCE
AMENDING CHAPTER 3.08 OF THE AVON MUNICIPAL CODE, PERTAINING TO THE
SALES TAX, WITH RESPECT TO ISSUANCE AND ENFORCEMENT OF SUBPOENAS.
The Mayor opened the meeting for public hearing. There being no one
wishing to be heard the Mayor closed the meeting for public
hearing. Al Connell moved approval of Ordinance No.#83-28, Series
of 1983 on second reading. The motion was seconded by Do,n Buick.
Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis,
Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay
votes. The motion was unanimously carried.
At this point Council recessed at 9:39 p.m. in order for the Liquor
Licensing Authority to convene. The Licensing Authority adjourned at
9:45 p.m. The Council then recessed at 9:46 p.m. and reconvened
at 9:55 p.m.
Unfinished Business was next presented to the Council. Norm Wood
approached the Council. They discussed the contract for the
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Capital Improvements. He stated he had reviewed the bids that
were received, that he had checked the references and suppliers.
He stated he would recommend awarding the contract to Clarke &
Younger Landscape Contractors for both the Avon Town Center Mall
Phase II and Avon Road Landscaping. The Mall contract being in the
amount of $154,000 and the Avon Road Landscaping in the amount of
$189,000. Mr. Wood stated that this recommendation would be subject
to being able to draft a suitable agreement for an irregularity in
the contractors bid. Mr. Wood recommended that Council award the
contract subject to the contractors approval of the modification to
the contract documents which would provide the difference as an
overhead cost which would be distributed throughout the completion
of the contract based on the percentage of the work completed at
that time. A.J. Wells moved approval of the contract with Clarke &
Younger provided that an additional item be added to the contract
labled overhead the amount of $3,768.00, to be paid as the project
progresses on a percentage of completion basis. The motion was
seconded by Don Buick and was unanimously carried. It was agreed
that this matter would go back to the Mall Committee for
ratification from the committee members by a letter sign off. Larry
Kumpost moved approval of the contract to Clarke & Younger
Landscape Contractors totalling $189,000 subject to two conditions;
1) that the difference of $18,800 reflected between the difference
in unit cost and total cost for landscaping be designated as
overhead in the contract and be paid on a proportional basis based
on percentage of completion; 2) that the contractor agrees to
provide landscaping at the unit cost indicated in the contract
relocating or adding landscaping intended for Avon Road to be
installed within other parts of the town. The motion was seconded
by Don Buick and was unanimously carried.
The Park and Public Improvements were discussed. After discussion
A.J. Wells moved to authorize staff to proceed to bring all the
projects together setout in the memorandum of June 24, 1983 from
Norm Wood to Dick Blodgett (see attached) and using the amounts
setout therein as a preliminary budget, but changing the description
"Avon Road Landscaping" to "Avon Road Landscaping and Park" to the
amount of $193,000, the Benchmark Sign and Benchmark Sign
Landscaping, and the contingency figure to $14,000 and deleting the
first sentence of the last paragraph. It was suggested to refine
the memorandum and that the motion was made in order to instruct
staff to proceed ahead. The motion was seconded by Larry Kumpost
and was unanimously carried.
Norm Wood stated that he did receive a proposal from Matthews and
Associates for design for landscaping the area north of I-70. He
stated their proposal breaks down to preparation of planting plan
$250, and preparation of irrigation plan $250. After discussion the
Council agreed to work in-house on this matter.
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Resolution No.#83-28, Series of 1983, A RESOLUTION REGARDING THE
LIFT BUS SYSTEM. That the Town of Avon would be assuming the
responsibility of the Lift Bus System.
Sheila Davis moved approval of Resolution No.#83-28, Series of 1983.
The motion was seconded by Al Connell. It was stated that there
would be three agreements that would be executed; 1) with the County
to create a Transit Counsel; 2) with Beaver Creek Transit to operate
the System; 3) with the Town of Vail to transfer the system over to
the Town of Avon.
The Town Attorney reported on the Roche Constructors, Inc. Mr. Dunn
reviewed the history of the litigation of the contractor. He
stated he needed the authority from Council to pay Roche
Constructors, Inc. a check in the amount of $29,861.14, upon receipt
of the proper order of the Denver District Court. After discussion
A.J. Wells moved approval to authorize payment to Roche
Constructors, Inc., for final settlement in full in the amount of
$29,861.14, in receipt of the proper court order. The motion was
seconded by Sheila Davis and was unanimously carried.
The Town Manager reported on the Town°s health insurance. He stated
that Bill James and Dick Moore have checked with other carriers and
still found Safeco to be the best market at this time for group
health insurance. It was recommended that the Town of Avon renew
its group health policy through Safeco Insurance.
Sheila Davis moved approval to renew the health insurance for the
Town with Safeco Insurance. The motion was seconded by Larry
Kumpost and was unanimously carried.
The Cottonwood Trees on West Beaver Creek Boulevard were discussed.
Norm Wood talked with Mr. Von Ohlson and he agreed to allow the Town
to construct a small earthen berm between his driveway and the trees
so that the trees could be watered. Mr. Wood was proceeding to
draft an agreement between the Town and Mr. Von Ohlson. No action
was taken on this matter.
The Town Manager read a letter which the Town received from Chuck
Boettcher of Vail Mountain Rescue. They expressed their thanks for
the donation of $1,000 that the Town contributed toward their
program.
The Mayor reported on a letter from Jim Rubin in regards to
supporting the County Senior Housing. The Mayor wrote a letter last
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year dated June 18, 1982 supporting the elderly housing project.
Mr. Rubin was once again requesting that the Twon of Avon support
this project.
A.J. Wells moved to reissue the letter with a current date and
address it to Mr. Rubin and also to Mr. Steinberg, President of
Eagle County Senior Housing, Inc. The motion was seconded by Sheila
Davis and was unanimously carried.
The Financial Matters were next presented to the Council.
A.J. Wells moved to receive items #1 through #8. The motion was
seconded by Larry Kumpost and was unanimously carried.
It was requested that Council receive a status report on the
Time-Sharing units that have been sold and what are being sold.
Sheila Davis moved approval of the General Fund Accounts Payable for
June 28, 1983. The motion was seconded by Larry Kumpost and was
unanimously carried.
A.J. Wells moved approval of the Public Works Fund Accounts Payable,
Mall Construction Fund Accounts Payable, Capital Projects Fund
Accounts Payable for June 28, 1983. The motion was seconded by Al
Connell and was unanimously carried.
Larry Kumpost moved approval of the Reconciliation of Accounts
Payable for June 28, 1983. The motion was seconded by Greg Gage and
was carried with Sheila Davis abstaining.
The minutes of the June 14, 19831 meeting was next presented to the
Council. Al Connell moved approval of the minutes of the June 14th
meeting. The motion was seconded by A.J. Wells and was unanimously
carried.
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There being no further business Greg Gage moved to adjourn. The
motion was seconded by Don Buick. The Mayor adjourned the meeting
at 10:35 p.m.
R pe tfully Submitted:
y 6,
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